Privy Council Clarifies When Innocent Bank is Liable to Victims of Theft
To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim of theft for receiving funds deriving from stolen assets and using them for its own benefit? These […]
What are the civil claims and remedies for bribery in England?
In our latest briefing, we consider the various civil claims and remedies available to states that are victims of bribery. The law of England, and the law of other common law jurisdictions, allow states to pursue claims not only against the bribe-payer and recipient, and but also against those who […]
International enforcement of English asset recovery judgments: an overview
Civil proceedings brought by the state are one mechanism to recover the proceeds of crime, or to claim compensation for corrupt acts: as discussed in our previous post Recovering the proceeds of corruption: an overview. Typically, substantial corruption cases are international in scope and the proceeds of a corrupt transaction […]
Can I sue a bribing competitor in England?
Companies are competing to win a contract. One pays a bribe to exclude its competitor from the bidding process, or to win the contract. If caught, it faces prosecution under the UK’s Bribery Act 2010, as do its bribing directors or employees. The bribing company also risks termination of its contract […]
Who owns a bribe: the bribed public official or the defrauded state?
A public official receives a bribe to award a contract. Does the bribe “belong” to the official or to the state that he or she represents? The answer to the question can matter a great deal to the success of a claim. But the issue has been controversial and the […]
Prosecuting “Illicit Enrichment”: a new offence for the UK?
This article by James Maton and Jamie Humphreys was first published on the blog of the All-Party Parliamentary Group on Anti-Corruption. There are many policy developments that would help improve asset recovery efforts in the UK (see Transparency International’s publication Closing down the Safe Havens). However, if we were to […]
What do I need to know about POCA?
If you’re a company officer or director and need a quick reminder on your responsibilities under the UK’s Proceeds of Crime Act and the anti-money laundering regime, take a look at our one page tipsheet. We cover the following areas: an overview of the Act the definition of “proceeds of crime” confisction and forfeiture […]
What do I need to know about the UK Bribery Act?
If you’re a company officer or director and need a quick reminder on your responsibilities under the UK Bribery Act, take a look at our one page tipsheet. We cover the following areas the offences; the corporate offence of failing to prevent bribery; the defence of adequate procedures; the global reach of the […]
Recovering the proceeds of corruption: an overview
Victim states seeking to recover the proceeds of corruption, or compensation for corrupt acts, may have a choice of mechanisms to do so: criminal, civil and non-conviction forfeiture. Each mechanism has advantages and disadvantages, and the “right” route for a particular case depends on the circumstances. Flexibility is key, and any substantial […]
Welcome to the Cooley blog on asset recovery
Welcome to our blog. Cooley has a proven team representing states and companies seeking to trace, freeze and recover the proceeds of corruption or fraud, or obtain compensation for corrupt or fraudulent acts. We assist states to: Recover stolen public funds, bribes and compensation for corruption from dishonest public officials, their companies, trusts, […]